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Frequently Asked Questions About Personal Injury Law in Colorado Springs

Welcome to Schofield & Green Law’s FAQ page on personal injury cases. We want to help you find answers to some of the most common questions from clients in Colorado Springs about personal injury claims. If you have any further questions or need legal assistance, don’t hesitate to ask for a free consultation.
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In Colorado, you generally have two years from the date of the injury to file a personal injury claim. However, if the injury resulted from a motor vehicle accident, the statute of limitations is extended to three years. It’s crucial to start the process as soon as possible to ensure your right to compensation. Missing this deadline can mean losing your chance to pursue a claim.

Personal injury victims in Colorado Springs may be entitled to various forms of compensation, including:

  • Medical expenses (current and future)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage

 

Each case is unique, so the amount of compensation can vary. Our attorneys will review your case to determine what you may be eligible for.

At Schofield & Green Law, we work on a contingency fee basis for personal injury cases. This means you pay no upfront costs; we only get paid if you win your case. Our fee is typically a percentage of your final settlement or court award. This allows you to access quality legal representation without worrying about the cost.

After an accident, it’s essential to:

  1. Ensure your safety and seek medical attention for any injuries.
  2. Report the accident to local authorities.
  3. Gather evidence, such as photos of the scene, contact information of witnesses, and the other party’s details.
  4. Avoid admitting fault or discussing the accident in detail with the other party or insurance companies.
  5. Contact a personal injury attorney to discuss your rights and next steps.

 

Acting quickly can help protect your right to pursue compensation and ensure that crucial evidence is preserved.

The time it takes to resolve a personal injury case varies widely. Some cases settle in a few months, while others may take a year or more, especially if they go to trial. Factors that can affect the timeline include the complexity of the case, severity of injuries, and willingness of the insurance company to settle. Our team works diligently to expedite the process while ensuring you receive fair compensation.
Yes, Colorado follows a modified comparative negligence rule. This means you can still recover compensation if you were less than 50% at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you were 20% at fault and awarded $100,000, you would receive $80,000. Our attorneys can help evaluate your case and determine how fault may impact your claim.
The average settlement for personal injury cases can vary greatly based on the specific circumstances, such as the severity of injuries and the extent of property damage. While minor cases may settle for a few thousand dollars, cases involving severe injuries could reach six-figure or higher settlements. It’s important to consult with an attorney to get a more accurate estimate based on your situation.
Most personal injury cases in Colorado Springs are settled outside of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, taking the case to court may be necessary to secure just compensation. At Schofield & Green Law, we prepare every case as if it will go to trial, ensuring we are ready to advocate for you in court if needed.

A personal injury attorney can assist you by:

  • Evaluating your claim and determining the appropriate compensation.
  • Negotiating with insurance companies to seek a fair settlement.
  • Collecting and organizing evidence to build a strong case.
  • Representing you in court, if necessary.
  • Advising you on legal strategy and keeping you informed throughout the process.

 

A dedicated lawyer can greatly improve your chances of obtaining the compensation you deserve.

To strengthen your personal injury claim, you should gather:

  • Medical records and bills showing the extent of your injuries.
  • Photos or videos of the accident scene, property damage, and injuries.
  • Police reports or incident reports.
  • Witness statements from those who saw the accident.
  • Documentation of lost wages or impact on your ability to work.

 

Our team can help you compile and present this evidence to build a compelling case for compensation.

It can be frustrating and stressful if an insurance company denies your personal injury claim, but you still have options. At Schofield & Green Law, we can:

  • Review the denial to determine its validity.
  • Negotiate with the insurer to try to overturn the denial.
  • File an appeal if the denial was unfair or based on insufficient reasoning.
  • Pursue legal action, including filing a lawsuit, if necessary.

 

An attorney can guide you through the appeals process and ensure that your rights are protected.

Technically, you can handle a personal injury claim on your own, especially in cases with minor injuries or clear-cut liability. However, hiring an attorney can be crucial for more complex cases. An experienced personal injury lawyer can help:

  • Maximize your compensation by understanding the full value of your claim.
  • Handle negotiations with insurance adjusters, who may otherwise try to minimize payouts.
  • Navigate legal complexities and ensure all paperwork is filed correctly.

 

If your case involves significant injuries, disputed liability, or complex legal issues, it’s wise to consult with a lawyer.

Pain and suffering compensation is considered non-economic damages, and calculating its value can be more subjective than medical bills or lost wages. Factors that can influence the amount include:

  • Severity and duration of your physical pain.
  • Emotional distress and impact on quality of life.
  • Recovery time and any long-term effects of the injury.
  • The impact on your daily activities and ability to work.

 

Insurance companies may use a multiplier method, where they multiply your economic damages by a number (often between 1.5 and 5), or the per diem method, which assigns a daily value to your suffering. We work to ensure that these damages are calculated fairly.

It’s not uncommon for some injuries, like whiplash or concussions, to show symptoms days or even weeks after an accident. If you discover injuries later:

  • Seek medical attention immediately and document the new symptoms.
  • Notify the insurance company about the new injuries.
  • Contact an attorney to ensure these injuries are included in your claim.

 

Delays in seeking medical care can be used against you by insurance companies, so it’s important to act quickly if new symptoms appear.

Several factors can determine the strength of your personal injury case, including:

  • Clear evidence of negligence from the other party.
  • Well-documented injuries, including medical records and expert evaluations.
  • Strong witness testimonies or other evidence, such as photos or videos.
  • Proof of financial losses, such as medical bills, lost wages, and property damage.

Let Us Answer Your Questions About Your Case with a Free Consultation

For more personalized answers or assistance with your personal injury claim, contact Schofield & Green Law today. You can speak with an attorney for free during a consultation to better understand your rights and what the path forward will look like. Schedule today to get started! We look forward to hearing from you and discussing your case.
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